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In re Marieanna N.

Court of Appeals of Nebraska

June 18, 2013

In re Interest of Marieanna N., a child under 18 years of age.
v.
Cindy N., appellant. State of Nebraska, appellee,

NOT DESIGNATED FOR PERMANENT PUBLICATION

Appeal from the Separate Juvenile Court of Lancaster County: Roger J. Heideman, Judge.

Stephanie Flynn, of Stephanie Flynn Law, P.C., L.L.O., for appellant.

Joe Kelly, Lancaster County Attorney, Shellie D. Sabata, and Kelli L. Ceraolo, Senior Certified Law Student, for appellee.

Sievers, Pirtle, and Riedmann, Judges.

MEMORANDUM OPINION AND JUDGMENT ON APPEAL

Pirtle, Judge.

INTRODUCTION

Cindy N. appeals from the order terminating her parental rights entered by the separate juvenile court of Lancaster County on September 26, 2012. For the reasons that follow, we affirm.

BACKGROUND

Cindy was a juvenile ward of the State of Nebraska and placed at the Youth and Rehabilitation Treatment Center in Geneva, Nebraska, when she gave birth to Marieanna N. in 2009. On August 27, 2009, the Lancaster County Attorney's office filed a petition in the separate juvenile court of Lancaster County, alleging Marieanna lacked proper parental care by the faults or habits of her mother, Cindy. The petition alleged that Cindy was unable to provide Marieanna with a proper and safe residence, protection, and care and that Marieanna was at risk for harm.

On August 27, 2009, the State also filed a motion for temporary ex parte custody, which was granted by the court. On November 24, the State filed an amended petition with the same allegations, but stated that on or about October 3, Cindy had been placed in foster care in Lancaster County. Cindy entered a plea of no contest to the allegations in the amended petition, and her plea was accepted by the court. The order provided that Marieanna should remain in the temporary custody of the Department of Health and Human Services (DHHS), Cindy should complete her high school education, Cindy should have parenting time as arranged by DHHS, and she should maintain a legal means of support and appropriate housing for herself and Marieanna. Cindy and Marieanna were placed in a foster home together on February 10, 2010, and moved to the home where Marieanna is currently placed on September 8.

On November 17, 2011, Cindy turned 19 and moved into her own apartment. At a permanency hearing on January 10, 2012, the plan for Cindy and Marienanna was reunification with a concurrent plan of adoption. The court held a review of disposition hearing on April 5 and received evidence, including the guardian ad litem's report and a caregiver information form. Cindy appeared with counsel and was called as a witness.

The court held another review of disposition hearing on July 19, 2012. Cindy was not present but her counsel was. The court received evidence, including the guardian ad litem's report and a DHHS report. The reports indicate Cindy failed to make progress on the court's orders and was difficult to contact. An exhibit also indicates Cindy's visits were fully supervised due to concerns about "inappropriate people around [Marieanna], " as well as Cindy's general lack of parenting skills. DHHS recommended the permanency objective be changed to adoption with a concurrent plan for guardianship. The court continued the hearing for another month because Cindy was not present, and it determined a permanency planning hearing should take place at that time.

The State filed a supplemental petition and a motion for termination of parental rights on July 26, 2012. At that time, Marieanna had been in foster care her entire life, approximately 3 years.

The hearing on the motion to terminate took place on August 14, 2012. Cindy and her attorney were present, and Cindy entered her voluntary appearance ...


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